Boudreaux v. Virga et al

Filing 6

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/28/13 ordering plaintiff has 30 days from the date this order is served to submit the required trust account statement. The clerk of the court shall send plaintiff a new application to proceed in forma pauperis by a prisoner. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THADDEUS BOUDREAUX,

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Plaintiff,

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No. 2:13-cv-2089-LKK-EFB P

v.

ORDER

TIM VIRGA, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. He has submitted an affidavit requesting leave to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915(a)(1).
Section 1915(a)(2) requires “a prisoner seeking to bring a civil action without prepayment

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of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), shall

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submit a certified copy of the trust fund account statement (or institutional equivalent) for the

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prisoner for the 6-month period immediately preceding the filing of the complaint . . . , obtained

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from the appropriate official of each prison at which the prisoner is or was confined.” Plaintiff

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has not submitted a certified copy of his trust account statement or the institutional equivalent.

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He may comply with this requirement by having prison officials complete the “Certificate”

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portion of the form application for leave to proceed in forma pauperis.

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Accordingly, plaintiff has 30 days from the date this order is served to submit the required

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trust account statement. Failure to comply with this order will result in a recommendation that

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this action be dismissed. The Clerk of the court is directed to send to plaintiff a new form

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Application to Proceed In Forma Pauperis by a Prisoner.

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So ordered.

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Dated: October 28, 2013.

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